Orange County NC Website
7 <br />IV. Adopt a policy of citation instead of arrest for minor traffic violations and <br />other minor offenses <br />Statistics both for North Carolina and nationally have shown that a high <br />percentage of the immigrants that have ended up in deportation proceedings <br />through programs like 287(8) and Secure Communities were arrested for <br />violations such as driving without a license and other minor misdemeanors. <br />Currently in North Carolina, people who lack proper immigration status cannot <br />get driver's licenses which would mean in "Secure Communities" counties, they <br />risk deportation while driving a vehicle to engage in activities such as grocery <br />shopping, going to church, taking their children to doctor's appointments, etc. <br />While we are aware that ICE says they will prioritize the deportation of <br />dangerous felons, there is nothing in current guidelines to prevent them from <br />deporting individuals arrested for minor offenses such as driving without a <br />license. For this reason, the HRC suggests the following policy: <br />In cases where someone is stopped for a traffic violation and cannot <br />produce a valid driver's license, if they can prove who they are with other <br />types of valid identification, they can be issued a citation rather than being <br />arrested and fingerprinted. In other words, they will not be arrested solely <br />for lack of a valid NC Driver's License. Instead, they will be issued a <br />citation for the actual driving offense for which they were initially stopped — <br />as well as (possibly) a citation for driving without a license. This policy, <br />while holding people responsible for driving without a license, does not <br />subject them to the risk of deportation for doing so. <br />The HRC suggests that the County Commissioners recommend that all local law <br />enforcement agencies adopt such a policy, similar to that already in place in the <br />Orange County Sheriffs Department. Because the Sheriff only controls the <br />policies of his Department and not those of other LEAs within the County, yet all <br />of these LEAs use the Orange County Jail, County -wide uniformity in this policy <br />could create transparency and alleviate mistrust of law enforcement. <br />Pros: <br />a. A non - arrest policy for minor violations would allow for appropriate <br />punishment for minor violations while preventing undocumented individuals <br />from being deported for minor offenses. <br />